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MARINE MIDLAND BANK v. UNITED STATES

No. 308-81C.

687 F.2d 395 (1982)

MARINE MIDLAND BANK v. The UNITED STATES.

United States Court of Claims.

August 25, 1982.

Attorney(s) appearing for the Case

George H. Roberts, Jr., Harrisonburg, Va., attorney of record, for plaintiff. Ronald D. Hodges and Wharton, Aldhizer & Weaver, Harrisonburg, Va., of counsel.

William Douglas White, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant. Anthony Sadowski, Dept. of Defense, of counsel.

Before FRIEDMAN, Chief Judge, and KASHIWA and BENNETT, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge, delivered the opinion of the court:

This case presents several difficult and interesting questions of first impression: (1) under the standard "title vesting" clause for federal procurement contracts, what is the nature of the interest taken by the government to secure its progress payments to a contractor, and (2) upon the insolvency of a contractor...

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